LETTING DOWN THEIR GUARD: GAL’s MHP’s ‘‘No one cares about that abuse crap.’’ DOMESTIC VIOLENCE IN CHILD CUSTODY DISPUTES
http://www.bc.edu/schools/law/lawreviews/meta-elements/journals/bctwj/24_2/02_FMS.htm
In my first meeting with the guardian ad litem, I had told him that there was a significant history of domestic violence, [that] my ex-partner had been to [a batterer _ s intervention program] and that I was disabled as a result of the abuse, and he told me. _ No one cares about that abuse crap. _
Introduction
Lorie suffered years of severe violence at the hands of her husband, Noah.1 He pulled out her hair, slapped her, tore her clothing, and threatened her life.2 He hit her in the face with his head so hard that he [*PG284]broke her tooth.3 Lorie and Noah _ s children lived with the ongoing abuse and often witnessed the violence.4 During one incident, Lorie was holding their baby in her arms when Noah picked up a butcher knife.5 _ Put the kid down, _ he said, _ I _ m going to kill you now. _ 6
When litigation began over custody of their children, Lorie was prepared with evidence of the abuse, including dental records documenting her broken tooth and written statements of observers who witnessed the abuse and her injuries.7 The guardian ad litem appointed to her case, however, refused to look at any of the documentation she offered.8 Furthermore, during the investigation he said to Lorie, _ I know you lied to me [about the abuse]. You better tell the truth now, because I _ m getting phone calls from people and they can tell me the truth. _ 9
Ignoring the trauma of the abuse Lorie suffered, the guardian ad litem _ s report to the judge described Lorie as _ irrationally angry _ and _ overly emotional, _ citing her tendency to burst into tears.10 The guardian ad litem also discredited Lorie _ s reports of domestic violence to the court, despite his own acknowledgement that he found Noah to be controlling, domineering, and dishonest.11 The court ultimately granted Noah full custody of the children.12 The judge never saw Lorie _ s extensive documentation, and thus could not consider the impact of Noah _ s abusive behavior on the children.13 Complete Journal
>>>http://www.bc.edu/schools/law/lawreviews/meta-elements/journals/bctwj/24_2/02_FMS.htm
for more information:
www.BatteredMothersCustodyConference.org
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Claudine Dombrowski
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